Fiches Belges

An agent may be used for the detection, investigation and conviction of offenders of crimes, corruption, criminal offences of extremism, a criminal offence of abuse of authority of a public official, or a criminal offence of money laundering. Their use is permitted only if the detection, investigation and conviction of offenders of the listed criminal offences would otherwise be much more difficult, and the acquired facts justify the suspicion that a criminal offence was committed or such criminal offence is to be committed. The conduct of an agent must be in compliance with the purposes of the CPC (Section 117 of the CPC) and must be proportionate to the illegality of the conduct, detection, investigation or conviction which they participate in. An agent must not proactively induce the commission of a criminal offence; this shall not apply if it is a criminal offence of bribery of a public official or a foreign public official, and the ascertained facts suggest that the offender would commit such a criminal offence even if the warrant to use an agent was not issued. The period of the use of an agent cannot be longer than six months. This period may be extended by only two months by the presiding judge and, in the preliminary hearing upon the petition of the public prosecutor, the judge for the preliminary hearing, although they may do so repeatedly.

Directive 2014/41/EU regarding the European Investigation Order in criminal matters in relation to the Member States which have implemented the EIO Directive. Otherwise, the Second Additional Protocol of 2001 to the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959, Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of May 29, 2000 and its Protocol of 2001. In case of existence, bilateral or other multilateral treaty covering the specific subject matter may be applicable. In the absence of legal framework, the principle of reciprocity may be applicable.

EIO - Regional Prosecutor´s office in the territorial circuit of which the requested investigative measure is to be carried out; if the subject of the EIO includes solely the investigative measure which is to be carried out by a court by reason of its applicability in the criminal proceedings in the issuing state, the competent authority is the district court in the territorial circuit of which the investigative is to be carried out. MLA request pursuant to Article 14 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of May 29, 2000 - the prosecutor is considered as a competent authority within the meaning of Article 6 paragraph 5 in the proceedings according the Article 14 (competent District Prosecutor´s Office). MLA request pursuant to Article 19 the Second Additional Protocol of 2001 to the European Convention on Mutual Assistance in Criminal Matters of April 20, 1959- Regional Prosecutor's Office in Bratislava.

Slovak. The Czech Republic may send the EIO in Czech. When proceeding according to European Convention on Mutual Assistance in Criminal Matters (20 April 1959) and its protocols, one of the official languages of the Council of Europe may be used. Language regime may be modified according to the relevant bilateral treaty.

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The executing authority shall refuse to execute the EIO, in addition to grounds referred to in Section 11 of the EIO Act also where an order for the use of an agent could not be issued for the purpose of criminal proceedings conducted in the territory of the Slovak republic in a similar domestic case, or 2/ it is not possible to ensure, when using an agent, the conditions required by the issuing state and no other agreement has been reached. Dual criminality is required.